Today we begin the third chapter of our massekhet. Up to now we been discussing which imprecise language creates a vow and which imprecise language doesn’t. The first Mishna introduces four types of vows that are not vows at all even though the person uses the correct formulations. One has to look the contextual intent of the person making the vow to understand that he didn’t mean it as a vow.
“The Sages dissolved four types of vows without the requirement of a request to a halakhic authority: Vows of exhortation (nidrei zerizin-נִדְרֵי זֵרוּזִין), vows of exaggeration, vows that are unintentional, and vows whose fulfillment is impeded by circumstances beyond one’s control. The mishna explains: Vows of exhortation are those by which one encourages another using vow terminology that is exaggerated. How so? One was selling an item and said: I will not lower the price for you to less than a sela, as that is konam, forbidden as if it were an offering, for me. And the other one, the buyer, says: I will not raise my payment to you to more than a shekel, as that is konam for me.” (Sefaria.org translation) The dance the seller and buyer do in negotiating a price, shows their intent was not to make a vow but to move the other person off his position.
There are two ways to annul or dissolve (matir-מַתִּיר) a vow. The first method is unanimously agreed upon. The Sage finds a petakh (פֶּתַּח) an opening. The Sage so to speak lifts up the hood of the vow and sees that there’s something intrinsically wrong with the vow from the outset. It is a mistaken vow like the four examples in the Mishna.
The sages disagree whether regret (harata-חֲרָטָה), the second method, is a valid way to annul a vow. The Sage asks the question what was the mood the person was in when he made the vow. For example, the vow was perfectly formulated; however, the person regretted it as soon as he said it because he was very angry at the time.
On one side of the debate we have Rav Yosef. “Rav Yosef taught this halakha in this manner: Rav Yehuda said that Rav Asi said: A halakhic authority is able to dissolve only a vow that is similar to these four vows in that it was not intended to be a vow at all but was simply expressed in the language of a vow. In addition, he can dissolve a vow taken by mistake.” (Sefaria.org translation)
On the other side there are several rabbis who used harata to annul a vow. Two examples are: “It is taught in a baraita that Rabbi Yehuda says: The halakhic authorities who dissolve the vow say to the person who vowed: Is this heart, i.e., this desire, still upon you? If he says no, they dissolve it. Rabbi Yishmael, son of Rabbi Yosei, says in the name of his father: They say to the person who vowed: Had there been ten people who could have appeased you at the time, would you have made the vow? If he says no, they dissolve it.” (Sefaria.org translation)
Today both methods are used to dissolve a vow.
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